Posts Tagged: Oil States v. Greene’s Energy Group


Developing a US innovation policy bolstered by strong IP protections

While the goal of developing a US innovation policy bolstered by strong IP protections was the focus of the event it was clear that competition with China, …
By Anthony Trippe
8 days ago 1

The State of the U.S. Patent System: From Oil States to Patent Eligibility

One week ago, the United States Supreme Court issued two decisions pertaining to inter partes review (IPR) challenges at the Patent Trial and Appeal Board (PTAB). Meanwhile, …
By Gene Quinn
22 days ago 0

The Supreme Court is wrong, a patent is not a franchise

The word franchise is defined as an authorization granted by a government or company to an individual or group enabling them to carry out specified commercial activities... …
By Gene Quinn
24 days ago 73

Reflections on Oil States: Are There Silver Linings Amidst the Doom and Gloom?

That being said, and following up on the feeling of “doom and gloom” many of us had upon initial issuance of the Oil States decision, there is …
By Eric Guttag
26 days ago 22

Despite Oil States, Inter Partes Review May Still Be Held Unconstitutional

Oil States v Greene’s Energy, 584 U.S. ___ (2018), just decided that patents are a public right, a franchise right, akin to a right to erect a toll …

Industry Reaction to Supreme Court Decision in Oil States v. Green Energy

Earlier today the United States Supreme Court issued its decision in Oil States v. Green Energy, finding that inter partes review is constitutional both under Article III …
By Gene Quinn & Renee C. Quinn
1 month ago 70

SCOTUS says Patents are a Government Franchise, Not a Vested Property Right

While there has been much optimism due to the arrival of USPTO Director Andrei Iancu and his recent speeches signaling he understands the U.S. patent system …
By Gene Quinn
1 month ago 59

Supreme Court Issues Much Anticipated Oil States and SAS Decisions

Earlier today, the US Supreme Court issued it's highly anticipated 7 to 2 decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC which upheld the …

The House IP Subcommittee: A Bunch of Fiddling Neros Watching the U.S. Patent System Burn

Interestingly, in the history of the entire CBM program, only three petitions have ended with final written decisions upholding all claims as valid. That’s 1 percent of …
By Gene Quinn & Steve Brachmann
2 months ago 7

Letter to President Trump on China IP Probe is Latest Sign of Conservative Support for Private IP Rights

A group of 16 leaders from politically conservative institutions sent a letter addressed to President Donald Trump lauding the Trump Administration’s decision last summer to initiate an …
By Steve Brachmann
4 months ago 2

2017 Saw Fewest Patent Lawsuits Filed Since 2011

Q4 2017 saw a total of 981 patent infringement cases filed in district courts, the second-lowest total for any quarter in 2017 and the third-lowest total for any quarter dating …
By Steve Brachmann
4 months ago 8

Bloomberg Innovation Index is Latest Sign US Innovation Economy is in Dire Straits

For the first time since the inception of the Bloomberg Innovation Index, the U.S. ranked outside the top 10, ranking 11th out of the 50 economies. This latest …
By Steve Brachmann
4 months ago 10

PTAB Errors Fatal to Hundreds of Legitimate Patents

There have been 220 patents upheld as valid in real courts and also subject to a final written decision in the PTAB. The PTAB only agreed with the …
By Josh Malone & Steve Brachmann
5 months ago 40

Looking Forward: Predictions and Thoughts about 2018

First, I predict that the United States Supreme Court will find post grant procedures under the America Invents Act to be unconstitutional. It is my belief they …
By Gene Quinn
5 months ago 37

Conservative Thinking on the Critical Issues in Oil States

The Oil States v. Greene’s Energy Group case heard by the U.S. Supreme Court Nov. 27, 2017, has generated much ink, analysis and opinion. Rightly so, given …
By James Edwards
5 months ago 2